33 U.S.C. § 4001 — Assessments

Page 1022 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3914 Editorial Notes REFERENCES IN TEXT Section 3907(a)(5) of this title, referred to in subsec. (b)(2)(A), was struck out, and section 3907(a)(6) of this title was redesignated as 3907(a)(5), by Pub. L. 114–94, div. A, title I, § 1445, Dec. 4, 2015, 129 Stat. 1437. As amended, section 3907(a)(5) no longer relates to limita- tion. AMENDMENTS 2018—Pub. L. 115–270, § 4201(d)(1), struck out ‘‘pilot’’ before ‘‘program’’ in section catchline. Subsec. (b)(1). Pub. L. 115–270, § 4201(d)(2), substituted ‘‘3 years after October 23, 2018’’ for ‘‘4 years after June 10, 2014’’ in introductory provisions. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 3914. Requirements (a) In general Except as provided in subsection (c), none of the amounts made available under this chapter may be used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this chapter unless all of the iron and steel products used in the project are produced in the United States. (b) Definition of iron and steel products In this section, the term ‘‘iron and steel prod- ucts’’ means the following products made pri- marily of iron or steel: lined or unlined pipes and fittings, manhole covers and other munic- ipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (c) Application Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that— (1) applying subsection (a) would be incon- sistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reason- ably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products pro- duced in the United States will increase the cost of the overall project by more than 25 per- cent. (d) Waiver If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an infor- mal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Ad- ministrator shall make the request and accom- panying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agen- cy. (e) International agreements This section shall be applied in a manner con- sistent with United States obligations under international agreements. (Pub. L. 113–121, title V, § 5035, June 10, 2014, 128 Stat. 1344.) § 3915. Outreach plan (a) Definition of rural community In this section, the term ‘‘rural community’’ means a city, town, or unincorporated area that has a population of not more than 10,000 inhab- itants. (b) Outreach required Not later than 180 days after November 15, 2021, the Administrator, in consultation with relevant Federal agencies, shall develop and begin implementation of an outreach plan to promote financial assistance available under this subtitle to small communities and rural communities. (Pub. L. 113–121, title V, § 5036, as added Pub. L. 117–58, div. E, title II, § 50215(b), Nov. 15, 2021, 135 Stat. 1174.) CHAPTER 53—HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL Sec. 4001. Assessments. 4001a. Consultation required. 4002. National harmful algal bloom and hypoxia program. 4003. Comprehensive research plan and action strategy. 4004. Northern Gulf of Mexico hypoxia. 4004a. South Florida harmful algal blooms and hy- poxia. 4005. Great Lakes hypoxia and harmful algal blooms. 4006. Protection of States’ rights. 4007. Effect on other Federal authority. 4008. Definitions. 4009. Authorization of appropriations. 4010. Hypoxia or harmful algal bloom of national significance. § 4001. Assessments (a) Establishment of Inter-Agency Task Force The President, through the Committee on En- vironment and Natural Resources of the Na- tional Science and Technology Council, shall es- tablish an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. The Task Force shall consist of a representative from— (1) the Department of Commerce (who shall serve as Chairman of the Task Force); (2) the Environmental Protection Agency; (3) the Department of Agriculture; (4) the Department of the Interior; (5) the Department of the Navy; (6) the Department of Health and Human Services; (7) the National Science Foundation; (8) the National Aeronautics and Space Ad- ministration; (9) the Food and Drug Administration; (10) the Office of Science and Technology Policy; (11) the Council on Environmental Quality; Page 1023 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4001 (12) the Centers for Disease Control and Pre- vention; (13) the Army Corps of Engineers; and (14) other Federal agencies as the President considers appropriate. (b) Assessment of harmful algal blooms (1) Not later than 12 months after November 13, 1998, the Task Force, in cooperation with the coastal States, Indian tribes, and local govern- ments, industry (including agricultural organi- zations), academic institutions, and non-govern- mental organizations with expertise in coastal zone management, shall complete and submit to the Congress an assessment which examines the ecological and economic consequences of harm- ful algal blooms, alternatives for reducing, miti- gating, and controlling harmful algal blooms, and the social and economic costs and benefits of such alternatives. (2) The assessment shall— (A) identify alternatives for preventing un- necessary duplication of effort among Federal agencies and departments with respect to harmful algal blooms; and (B) provide for Federal cooperation and co- ordination with and assistance to the coastal States, Indian tribes, and local governments in the prevention, reduction, management, mitigation, and control of harmful algal blooms and their environmental and public health impacts. (c) Assessment of hypoxia (1) Not later than 12 months after November 13, 1998, the Task Force, in cooperation with the States, Indian tribes, local governments, indus- try, agricultural, academic institutions, and non-governmental organizations with expertise in watershed and coastal zone management, shall complete and submit to the Congress an assessment which examines the ecological and economic consequences of hypoxia in United States coastal waters, alternatives for reducing, mitigating, and controlling hypoxia, and the so- cial and economic costs and benefits of such al- ternatives. (2) The assessment shall— (A) establish needs, priorities, and guidelines for a peer-reviewed, inter-agency research pro- gram on the causes, characteristics, and im- pacts of hypoxia; (B) identify alternatives for preventing un- necessary duplication of effort among Federal agencies and departments with respect to hy- poxia; and (C) provide for Federal cooperation and co- ordination with and assistance to the States, Indian tribes, and local governments in the prevention, reduction, management, mitiga- tion, and control of hypoxia and its environ- mental impacts. (d) Report to Congress on harmful algal bloom impacts (1) Development Not later than 12 months after December 10, 2004, the President, in consultation with the chief executive officers of the States, shall de- velop and submit to the Congress a report that describes and evaluates the effectiveness of measures described in paragraph (2) that may be utilized to protect environmental and pub- lic health from impacts of harmful algal blooms. In developing the report, the Presi- dent shall consult with the Task Force, the coastal States, Indian tribes, local govern- ments, appropriate industries (including fish- eries, agriculture, and fertilizer), academic in- stitutions, and nongovernmental organiza- tions with expertise in coastal zone science and management, and also consider the sci- entific assessments developed under this Act. (2) Requirements The report shall— (A) review techniques for prediction of the onset, course, and impacts of harmful algal blooms including evaluation of their accu- racy and utility in protecting environmental and public health and provisions for their development; (B) identify innovative research and devel- opment methods for the prevention, control, and mitigation of harmful algal blooms and provisions for their development; and (C) include incentive-based partnership ap- proaches regarding subparagraphs (A) and (B) where practicable. (3) Publication and opportunity for comment At least 90 days before submitting the report to the Congress, the President shall cause a summary of the proposed plan to be published in the Federal Register for a public comment period of not less than 60 days. (4) Federal assistance The Secretary of Commerce, in coordination with the Task Force and to the extent of funds available, shall provide for Federal coopera- tion with and assistance to the coastal States, Indian tribes, and local governments regarding the measures described in paragraph (2), as re- quested. (e) Local and regional scientific assessments (1) In general The Secretary of Commerce, in coordination with the Task Force and appropriate State, In- dian tribe, and local governments, to the ex- tent of funds available, shall provide for local and regional scientific assessments of hypoxia and harmful algal blooms, as requested by States, Indian tribes, and local governments, or for affected areas as identified by the Sec- retary. If the Secretary receives multiple re- quests, the Secretary shall ensure, to the ex- tent practicable, that assessments under this subsection cover geographically and eco- logically diverse locations with significant ec- ological and economic impacts from hypoxia or harmful algal blooms. The Secretary shall establish a procedure for reviewing requests for local and regional assessments. The Sec- retary shall ensure, through consultation with Sea Grant Programs, that the findings of the assessments are communicated to the appro- priate State, Indian tribe, and local govern- ments, and to the general public. (2) Purpose Local and regional assessments shall exam- ine— Page 1024 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4001 (A) the causes and ecological con- sequences, and the economic cost, of hypoxia or harmful algal blooms in that area; (B) potential methods to prevent, control, and mitigate hypoxia or harmful algal blooms in that area and the potential eco- logical and economic costs and benefits of such methods; and (C) other topics the Task Force considers appropriate. (f) Scientific assessments of hypoxia (1) Not less than once every 5 years the Task Force shall complete and submit to the Congress a scientific assessment of hypoxia in United States coastal waters including the Great Lakes. The first such assessment shall be com- pleted not less than 24 months after December 10, 2004. (2) The assessments under this subsection shall— (A) examine the causes and ecological con- sequences, and the economic costs, of hypoxia; (B) describe the potential ecological and eco- nomic costs and benefits of possible policy and management actions for preventing, control- ling, and mitigating hypoxia; (C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of hypoxia, in- cluding recommendations of how to eliminate significant gaps in hypoxia modeling and mon- itoring data; and (D) identify ways to improve coordination and to prevent unnecessary duplication of ef- fort among Federal agencies and departments with respect to research on hypoxia. (g) Scientific assessments of marine and fresh- water harmful algal blooms Not less than once every 5 years the Task Force shall complete and submit to Congress a scientific assessment of harmful algal blooms in United States coastal waters and freshwater sys- tems. Each assessment shall examine both ma- rine and freshwater harmful algal blooms, in- cluding those in the Great Lakes and upper reaches of estuaries, those in freshwater lakes and rivers, and those that originate in fresh- water lakes or rivers and migrate to coastal wa- ters. (h) National scientific research, development, demonstration, and technology transfer plan on reducing impacts from harmful algal blooms (1) Not later than 12 months after December 10, 2004, the Task Force shall develop and submit to Congress a plan providing for a comprehen- sive and coordinated national research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems (including the Great Lakes), public health, and the economy. (2) The plan shall— (A) establish priorities and guidelines for a competitive, peer reviewed, merit based inter- agency research, development, demonstration, and technology transfer program on methods for the prevention, control, and mitigation of harmful algal blooms; (B) identify ways to improve coordination and to prevent unnecessary duplication of ef- fort among Federal agencies and departments with respect to the actions described in para- graph (1); and (C) include to the maximum extent prac- ticable diverse institutions, including Histori- cally Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian Pacific Americans, and other underrepresented populations. (3) The Secretary of Commerce, in conjunction with other appropriate Federal agencies, shall establish a research, development, demonstra- tion, and technology transfer program that meets the priorities and guidelines established under paragraph (2)(A). The Secretary shall en- sure, through consultation with Sea Grant Pro- grams, that the results and findings of the pro- gram are communicated to State, Indian tribe, and local governments, and to the general pub- lic. (i) Report Not later than 2 years after the date the Ac- tion Strategy is submitted under section 4003 of this title, the Under Secretary shall submit a re- port to Congress that describes— (1) the proceedings of the annual Task Force meetings; (2) the activities carried out under the Pro- gram, including the regional and subregional parts of the Action Strategy; (3) the budget related to the activities under paragraph (2); (4) the progress made on implementing the Action Strategy; and (5) any need to revise or terminate research and activities under the Program. (Pub. L. 105–383, title VI, § 603, Nov. 13, 1998, 112 Stat. 3448; Pub. L. 108–456, title I, §§ 102–104, Dec. 10, 2004, 118 Stat. 3630, 3631; Pub. L. 113–124, §§ 3, 6, 10(b), June 30, 2014, 128 Stat. 1379, 1383, 1386; Pub. L. 115–423, § 9(c), (d), Jan. 7, 2019, 132 Stat. 5462.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d)(1), probably means title I of Pub. L. 108–456, Dec. 10, 2004, 118 Stat. 3630, known as the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, which added subsec. (d) and also added subsecs. (e) to (i) of this section, which re- late to scientific assessments. CODIFICATION Section was formerly set out in a note under section 1451 of Title 16, Conservation. AMENDMENTS 2019—Subsec. (a)(13), (14). Pub. L. 115–423, § 9(c), added par. (13) and redesignated former par. (13) as (14). Subsec. (f). Pub. L. 115–423, § 9(d)(1), (2), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to scientific assessment of freshwater harmful algal blooms. Subsec. (g). Pub. L. 115–423, § 9(d)(2), (3), redesignated subsec. (h) as (g) and amended subsec. (g) generally. Prior to amendment, subsec. (g) related to scientific as- sessments of hypoxia. Former subsec. (g) redesignated (f). Subsecs. (h) to (j). Pub. L. 115–423, § 9(d)(2), redesig- nated subsecs. (i) and (j) as (h) and (i), respectively. Former subsec. (h) redesignated (g). Page 1025 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4001a 2014—Subsec. (a). Pub. L. 113–124, § 10(b), struck out ‘‘(hereinafter referred to as the ‘Task Force’)’’ after ‘‘Hypoxia’’ in introductory provisions. Pub. L. 113–124, § 3(1), substituted ‘‘a representative from’’ for ‘‘the following representatives from’’ in in- troductory provisions. Subsec. (a)(12). Pub. L. 113–124, § 3(2), (4), added par. (12). Former par. (12) redesignated (13). Subsec. (a)(13). Pub. L. 113–124, § 3(3), (5), redesignated par. (12) as (13) and struck out ‘‘such’’ before ‘‘other’’. Subsec. (j). Pub. L. 113–124, § 6, added subsec. (j). 2004—Subsec. (d). Pub. L. 108–456, § 103, added subsec. (d). Subsec. (e). Pub. L. 108–456, § 104, added subsec. (e). Former subsec. (e) struck out. Pub. L. 108–456, § 102, struck out subsec. (e) which pro- vided that the President could disestablish the Task Force after submission of the plan in section 4004 of this title. Subsecs. (f) to (i). Pub. L. 108–456, § 104, added subsecs. (f) to (i). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–144, § 1, June 16, 2022, 136 Stat. 1266, pro- vided that: ‘‘This Act [enacting section 4004a of this title and amending sections 4005 to 4009 of this title] may be cited as the ‘South Florida Clean Coastal Wa- ters Act of 2021’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 115–423, § 9(a), Jan. 7, 2019, 132 Stat. 5462, pro- vided that: ‘‘This section [enacting section 4010 of this title, and amending this section and sections 4001a, 4002, and 4009 of this title] may be cited as the ‘Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017’.’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–124, § 1, June 30, 2014, 128 Stat. 1379, pro- vided that: ‘‘This Act [enacting sections 4002, 4003, and 4007 to 4009 of this title and amending this section and sections 4004 and 4005 of this title] may be cited as the ‘Harmful Algal Bloom and Hypoxia Research and Con- trol Amendments Act of 2014’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–456, title I, § 101, Dec. 10, 2004, 118 Stat. 3630, provided that: ‘‘This title [enacting section 4001a of this title and amending this section and section 4005 of this title] may be cited as the ‘Harmful Algal Bloom and Hypoxia Amendments Act of 2004’.’’ SHORT TITLE Pub. L. 105–383, title VI, § 601, Nov. 13, 1998, 112 Stat. 3447, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Harmful Algal Bloom and Hypoxia Research and Control Act of 1998’.’’ FINDINGS Pub. L. 105–383, title VI, § 602, Nov. 13, 1998, 112 Stat. 3447, provided that: ‘‘The Congress finds that— ‘‘(1) the recent outbreak of the harmful microbe Pfiesteria piscicida in the coastal waters of the United States is one example of potentially harmful algal blooms composed of naturally occurring species that reproduce explosively and that are increasing in frequency and intensity in the Nation’s coastal wa- ters; ‘‘(2) other recent occurrences of harmful algal blooms include red tides in the Gulf of Mexico and the Southeast; brown tides in New York and Texas; ciguatera fish poisoning in Hawaii, Florida, Puerto Rico, and the United States Virgin Islands; and shell- fish poisonings in the Gulf of Maine, the Pacific Northwest, and the Gulf of Alaska; ‘‘(3) in certain cases, harmful algal blooms have re- sulted in fish kills, the deaths of numerous endan- gered West Indian manatees, beach and shellfish bed closures, threats to public health and safety, and con- cern among the public about the safety of seafood; ‘‘(4) according to some scientists, the factors caus- ing or contributing to harmful algal blooms may in- clude excessive nutrients in coastal waters, other forms of pollution, the transfer of harmful species through ship ballast water, and ocean currents; ‘‘(5) harmful algal blooms may have been respon- sible for an estimated $1,000,000,000 in economic losses during the past decade; ‘‘(6) harmful algal blooms and blooms of non-toxic algal species may lead to other damaging marine con- ditions such as hypoxia (reduced oxygen concentra- tions), which are harmful or fatal to fish, shellfish, and benthic organisms; ‘‘(7) according to the National Oceanic and Atmos- pheric Administration in the Department of Com- merce, 53 percent of United States estuaries experi- ence hypoxia for at least part of the year and a 7,000 square mile area in the Gulf of Mexico off Louisiana and Texas suffers from hypoxia; ‘‘(8) according to some scientists, a factor believed to cause hypoxia is excessive nutrient loading into coastal waters; ‘‘(9) there is a need to identify more workable and effective actions to reduce nutrient loadings to coast- al waters; ‘‘(10) the National Oceanic and Atmospheric Admin- istration, through its ongoing research, education, grant, and coastal resource management programs, possesses a full range of capabilities necessary to sup- port a near and long-term comprehensive effort to prevent, reduce, and control harmful algal blooms and hypoxia; ‘‘(11) funding for the research and related programs of the National Oceanic and Atmospheric Administra- tion will aid in improving the Nation’s understanding and capabilities for addressing the human and envi- ronmental costs associated with harmful algal blooms and hypoxia; and ‘‘(12) other Federal agencies such as the Environ- mental Protection Agency, the Department of Agri- culture, and the National Science Foundation, along with the States, Indian tribes, and local govern- ments, conduct important work related to the pre- vention, reduction, and control of harmful algal blooms and hypoxia.’’ § 4001a. Consultation required In developing the assessments, reports, and plans under the Harmful Algal Bloom and Hy- poxia Research and Control Act of 1998, the Task Force shall consult with the coastal States, In- dian tribes, local governments, appropriate in- dustries (including fisheries, agriculture, and fertilizer), academic institutions, and non- governmental organizations with expertise in coastal zone science and management. (Pub. L. 108–456, title I, § 102 (part), Dec. 10, 2004, 118 Stat. 3630; Pub. L. 115–423, § 9(f), Jan. 7, 2019, 132 Stat. 5463.) Editorial Notes REFERENCES IN TEXT The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, referred to in text, is title VI of Pub. L. 105–383, Nov. 13, 1998, 112 Stat. 3447, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note under section 4001 of this title and Tables. CODIFICATION Section is comprised of part of section 102 of Pub. L. 108–456. Remainder of section 102 amended section 4001 of this title.